LACHHMAN SINGH Vs. PRITAM CHAND

JUDGEMENT

(1.) This second appeal arises out of a pre-emption suit by Pritam Chand and Wazir Chand, Plaintiffs, against Laehman Singh Defendant, and concerns land situate within the area of village Khamano in Tehsil Samrala of Ludhiana District.

(2.) There is the Jamabandi of 1960-61, copies, Exhibits P. 7 and P. 8, of Khewats Nos. 171 and 172, showing Rajinder Singh and Harinder Singh, real brothers, in possession of half share, and Ajmer Singh in the remaining half share of rectangles 6, 12, 13 and 16, among others, in Khewat No. 171, and of rectangles 13 and 16 in Khewat No. 172. There is the copy of the Jamabandi of 1952-53, Exhibit P. 2. in which those three co-shares are shown owners of Khewat No. 132/146, among others, rectangles 6, 12, 13, and 16. Apparently the Khewat numbers changed in the subsequent Jamabandi, but the rectangle numbers continued to be the same and so also, it follows, the Killa numbers in each rectangle.

(3.) On August 20, 1960, by registered sale-deed, Exhibit P. 1, Harinder Singh co-sharer sold 48 Kanals and 2 Marias of land to the Plaintiffs. The description of the land sold by him given in this sale-deed is that he was selling his share of 46 Kanals and 12 Marias, out of 186 Kanals and 8 Marias comprising of rectangle 6, Killas Nos. 16 and 25, and rectangle 13, Killas Nos. 1 to 19, and 22 to 26, one-fourth share, and again 1 Kanal and 10 Marias, out of 7 Kanals and 10 Marias comprising of rectangle 13, Killa No. 20, one-fifth share. So Harinder Singh co-sharer sold two Killas out of rectangle 6, and 24 Killas out of rectangle 13, in the share as already given. With this sale-deed is attached a copy of the Jamabandi of 1952-53, Exhibit P. 2, which shows that rectangles 6 and 13 are in Khewat No. 132/146. In the Jamabandi of 1960-61, copies Exhibits P. 7 and P. 8, rectangles 6 is in Khewat No. 171, and rectangle in Khewat No. 172.